Powers v. Ohio
United States Supreme Court
499 U.S. 400 (1991)
- Written by Paul Neel, JD
Facts
Larry Joe Powers (defendant), a White man, was indicted for aggravated murder and pleaded not guilty. The case went to trial. During jury selection, the prosecution (plaintiff) exercised seven of 10 peremptory challenges to excuse Black people as prospective jurors. Powers objected to these challenges but was overruled. The empaneled jury convicted Powers. Powers appealed the conviction, arguing that the discriminatory exercise of peremptory challenges violated his Sixth Amendment right to a fair cross section of the community empaneled as the jury and his Fourteenth Amendment right to equal protection. The intermediate appellate court affirmed. Powers appealed. The Ohio Supreme Court dismissed the appeal as not presenting a significant constitutional question. Powers appealed. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Kennedy, J.)
Dissent (Scalia, J.)
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